A DUI arrest can potentially affect your license, your permanent record, and your future. At Filler & Hedum Family Law Firm, attorneys Kelly Hedum and Sam Filler provide honest guidance backed by decades of experience on both sides of the legal system. When you need answers, strategy, and strong advocacy, we’re here for you.
A DUI in Florida:
What You Need to Know
In Florida, you can be charged with driving under the influence if your normal faculties are impaired by alcohol, drugs, or a combination of substances. A blood alcohol concentration of 0.08% or higher creates a presumption of impairment, but DUI charges can also arise when your BAC is lower. Florida’s penalties for DUIs generally increase based on whether you are facing a first, second, third, or subsequent DUI offense, as well as the facts of the case.
DUI cases often involve more than a traffic stop. Evidence may include field sobriety exercises, breath test results, officer observations, dashcam footage, and witness statements. Factors such as prior convictions, property damage, or a minor passenger in the vehicle can increase potential penalties. Understanding your rights and responding quickly can make a significant difference in protecting your future.
What Are the Degrees of DUIs in Florida?
A first DUI is charged as a misdemeanor. Penalties may include fines ranging from $500 to $1,000, up to six months in jail, probation, community service, DUI school, and a driver’s license suspension. If your BAC is 0.15% or higher, or if a minor was in the vehicle, penalties can increase significantly.
A second DUI conviction carries harsher consequences, particularly if it occurs within five years of a prior conviction. You may face fines between $1,000 and $2,000, up to nine months in jail, a five-year license revocation, mandatory ignition interlock requirements, and a minimum ten-day jail sentence if the prior DUI occurred within five years.
A third DUI may be charged as a misdemeanor or felony depending on your record. If the third offense occurs within ten years of a prior conviction, it becomes a third-degree felony. Penalties can include up to five years in prison, substantial fines, lengthy license revocation periods, vehicle impoundment, and mandatory ignition interlock installation.
DUI manslaughter is a second-degree felony involving the death of another person caused by impaired driving. A DUI manslaughter conviction can result in up to 15 years in prison, significant fines, permanent criminal consequences, and mandatory driver’s license revocation. If a driver leaves the scene after a fatal crash, the charge may be elevated to a first-degree felony.
An aggravated DUI involves circumstances that increase the seriousness of the offense, such as causing property damage, serious bodily injury, having a very high blood alcohol level, or driving with a minor passenger. Depending on the facts of the case, penalties may include enhanced fines, longer jail sentences, felony charges, and extended license suspensions.
How We Help With DUI Cases in Oviedo
You work directly with Kelly and Sam from day one. We carefully review the traffic stop, field sobriety exercises, breath test procedures, body camera footage, and arrest reports to identify potential weaknesses in the state’s case. Drawing on Sam’s experience as a former prosecutor and Kelly’s law enforcement background, we help you understand your legal options, protect your driving privileges whenever possible, and build a strategic defense plan tailored to your circumstances.
FAQs
Can You Help if I Failed a Breath Test?
Yes. A failed breath test does not automatically mean a conviction. We carefully examine how the test was administered, whether the machine was properly maintained and calibrated, and whether law enforcement followed required procedures.
Can I Refuse a Breath Test in Florida?
You can refuse a breath test, but Florida’s implied consent law imposes consequences for doing so. A first refusal can result in a driver’s license suspension, and subsequent refusals may carry additional penalties. We help you understand how a refusal may affect both your criminal case and your driving privileges.
How Long Will a DUI Case Take?
Every case is different. Some DUI matters resolve relatively quickly, while others require extensive investigation, negotiations, motion hearings, or trial preparation. Factors such as the complexity of the evidence, prior offenses, and court scheduling can all affect the timeline.
Filler & Hedum:
There When You Need ‘Em!
At Filler & Hedum Family Law Firm, Kelly and Sam work directly with you and provide honest guidance and strategic advice every step of the way. With Sam’s experience as a former prosecutor and Kelly’s law enforcement background, we understand how DUI cases are built and where to look for opportunities in your defense. If you’re facing a DUI charge in Oviedo or anywhere in Seminole County, contact us today for a free DUI case evaluation.
